'BROTHERS BEAT FARMER AFTER HE CAME ON TO THEIR LAND TO GET STRAY COW' Dad of two died 10 months after attack, court told.

Byline: PAT FLANAGAN; LONAN PAUL

A FARMER was battered by two brothers as he tried to get a stray cow from their yard and died almost a year later, a court heard yesterday.

Edward Dempsey, 49, was allegedly beaten about the head and legs when he tried to retrieve the animal, which had wandered on to his neighbours' land on December 18, 2006.

Daniel Joseph "DJ" Byrne, 38, and 32-year-old Jason Byrne, both of Hammer Lane, Borness, Mountmellick, Co Laois, deny murder.

Counsel for the prosecution Aileen Donnelly SC told the jury at the Central Criminal Court that the two accused took part in a "joint enterprise" that resulted in Mr Dempsey, a married father of two, dying in hospital 10 months later.

Ms Donnelly claimed that on the day in question the deceased's brother John noticed one of their heifers had strayed into the Byrnes' field.

John, along with Mr Dempsey and a farm worker, went up to the Byrnes'.

Ms Donnelly claimed the two accused were standing in their yard and "invited" Mr Dempsey on to their property to retrieve the heifer.

She said DJ Byrne had the handle of a shovel in his hand and Jason Byrne had "some kind of stick".

HOSPITAL And she said Edward was hit on the legs by Jason and on the head by DJ, before John Dempsey went and got his brother, who had fallen on the ground, out of the yard.

Gardai arrived shortly afterwards and after hearing some details of what had happened, put Mr Dempsey into the back of the car and drove him to Portlaoise Hospital.

The lawyer told the jury they will hear evidence that the deceased's condition deteriorated on the way to hospital and by the time they arrived at A&E, Mr Dempsey was essentially unconscious.

After a time Mr Dempsey was transferred to hospital in Dublin where he suffered a blockage of his main artery and where his brain injury continued to deteriorate.

He was transferred back to Portlaoise Hospital where he died on October 11, 2007.

Ms Donnelly said it was the case that the injuries Mr Dempsey received on the December 18, 2006 "caused his death in so far as they substantially contributed to his death".

The trial is expected to last two weeks.

CAPTION(S):

ACCUSED DANIEL BYRNE ACCUSED JASON BYRNE DEAD EDWARD DEMPSEY